AccessWichita Terms of Service

Welcome

Thank you for visiting AccessWichita (access.wichita.gov), henceforth referred to “the Site”. Like many other websites, this website has rules that apply to your use of the Site and any services available through the Site. Those rules, referred to as “terms of use,” are set forth in this Terms of Use Agreement. By using the Site, you are agreeing to comply with, and be bound by, the following terms of use. Please review them carefully. If you do not agree with any of these terms of use, please do not use the Site.

Who Owns AccessWichita?

The Site is owned and maintained by the City of Wichita, Kansas (“the City”). The Site does contain links to third party websites. The sites linked to from these links are not under the control of the City of Wichita, and the City of Wichita is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The City of Wichita is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the City of Wichita of the site.

Right to make changes to the Site

The City may discontinue, edit, delete or change any aspect of the Site, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user’s right to use the Site, at the City‘s sole discretion and without prior notice or liability.

Entire Agreement

You agree that this Terms of Use Agreement (“Agreement”) constitutes the entire agreement between you and the City with respect to your use of the Site, and supersedes all previous and contemporaneous agreements, representations, warranties and understandings, written or oral, between the City and you with respect to the Site. The City may post certain additional terms or conditions in close proximity to a particular portion of the Site, which shall also apply to your use of that portion of the Site. The City may amend this Agreement at any time from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should periodically check this Agreement for changes. Your continued use of the Site shall be deemed as your acceptance of any such changes.

Trademarks

The AccessWichita logo and City of Wichita logo, and other names used for the City products and services are trademarks/service marks of the City of Wichita. Other product and company names mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Limited Right to Use

Except as may otherwise be allowed by law (including but not limited to the Kansas Open Records Act), the viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, graphic, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. The City may revoke this license at any time.

Prohibited Behavior

You are prohibited from using the Site in any way to do any of the following:

1. Restrict or inhibit any other user from using and enjoying the Site;
2. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
3. Post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms or Trojan horses;
4. Access another person’s or entity’s materials, information or files without the permission of that person or entity;
5. Post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right without first obtaining permission from the owner or right holder;
6. Post or transmit any information, software or other material which contains a virus or other harmful component;
7. Post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
8. Post, transmit or in any way exploit any information, software or other material for advertising or commercial purposes;
9. Solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
10. Impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
11. Use the Site to collect personally identifying information about users of the Site in violation ofthe City’s Privacy Policy; or
12. Perform any activities that the City determines (in its sole discretion) may be harmful to the City, the Site or other users of the Site.

No Unlawful Purposes

Purposes You agree that you will not use the Site or any information or services related thereto for any unlawful purpose. The City, at its sole and absolute discretion, shall determine whether any use violates this provision.

Monitoring

You understand that the City has no obligation to monitor the Site. However, the City reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the City’s sole and absolute discretion are objectionable or in violation of this Agreement. You acknowledge that the City reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Site, for operational and other purposes, subject to the City’s Privacy Policy. During monitoring, information may be examined, recorded, copied, and used for authorized purposes in accordance with the City’s Privacy Policy. Use of the Site constitutes consent to such monitoring.

Privacy Policy

User privacy is an important concern of the City. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our on-line services and Site. Here is a link to our entire Privacy Policy, which is incorporated herein. This policy may be updated by us from time to time, so please check here frequently.

Submissions

The City is pleased to hear from users and welcomes your comments regarding the City’s programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to the City (“Submissions”), they shall be deemed, and shall remain, the property of the City, and shall otherwise be subject to the provisions of Section 5) above. None of the Submissions shall be subject to any obligation of confidence on the part of the City, and the City shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, the City shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Third Party Sites

The City has provided links and pointers to Internet sites maintained by third parties (“Third Party Sites”) and may from time to time provide third party items or materials on the Site. Any mention on the Site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by the City. The City assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through the Site are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY THE CITY, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS THE CITY LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless the City, their affiliates and their respective commissioners, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Site; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the Site, including information obtained through the Site.

Minors

If you have agreed to allow your minor child, or a child for whom you are legal guardian (a “Minor”), to use the Site, you agree that you shall be solely responsible for: (a) the online conduct of such Minor; (b) monitoring such Minor’s access to and use of the Site; and (c) the consequences of any use of the Site by such Minor.

Export Control Information

1. Unless otherwise specified, the materials on the Site are presented solely to provide information regarding and to promote the City’s Services and other products available in the City of Wichita, Kansas, United States of America and immediately surrounding areas. The Site is controlled and operated by the City from its offices within the City of Wichita in the State of Kansas. The City makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable.
2. Any software downloadable from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Wichita, Kansas, and shall be governed by and construed in accordance with the ordinances of the City of Wichita and the laws of the State of Kansas (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Sedgwick County, Kansas. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The City’s delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.